Passenger Rights in Compliance with the Directive (EC) 261/2004
Dear Passenger,
If your flight is cancelled for delayed for long, or your boarding is denied, but you have purchased a seat valid and booked in advance, pursuant to the Directive (EC) 261/2004 (hereinafter referred to as “the Directive”) coming into effect on 17 February 2005, you have certain rights. An aviation company making the given flight is responsible for granted such rights to you.
Conditions
The Directive applies:
- To passengers going from a EU airport or any other airport outside the EU borders, if the flight is performed by a EU carrier;
- Provided that you have an approved booking for respective flight;
- Provided that you come for your check in on specified time (if such time is not specified, you must come for your airport check-in at least 45 minutes before your flight time);
- Provided that you have purchased your ticket with approved booking according to the tariff applied to society at large, or you have a ticket issued according to a passenger commercial or loyalty program.
Delayed Flight
Pursuant to the Directive, a delay is when a flight further than 3,500 km is behind the timetable for 4 hours following the fixed departure time; when a flight from 1,500 to 3,500 km, as well as flight further than 1,500 km inside the EU is behind the timetable for 3 hours following the fixed departure time, and a flight up to 1,500 km – 2 hours. Where your flight is expected to be postponed for long, then passengers are entitled to food and soft drinks (considering the delay time), and, if necessary, a hotel accommodation for one or more nights, transportation from airport to hotel and back to the airport, as well as access to making two short phone calls, sending a fax or some e-mail messages.
Such taking care of passengers may be denied, or care may be taken only in part, if this might cause any further delay. In case your flight is delayed for more than 5 hours, you are entitled to refuse the flight and in 7 days get your money back paid for the entire ticket or unused parts thereof, provided that according to your foreseen travel plan this particular flight has lost its sense, as well as in certain cases you are entitled to as fast as possible further flight as possible to your first place of departure.
Denied Boarding
Under certain circumstances, when more tickets have been sold than there are seats aboard, and your boarding is denied, provided you have your seat booked in advance, the aviation company in concern first must look for volunteers who would agree to refuse their booking in exchange to compensation under conditions agreed between the respective passenger and carrier performing the flight. Such volunteers are also entitled to an option either to get back the entire amount paid for the flight ticket or a part of the failed trip in 7 days, if the flight has lost its sense, and in certain cases, as fast as possible further flight to their first place of departure, or as fast as possible flight to their final place of destination by different route under similar trip conditions, or flight by different route on any other time convenient to such passengers, if seats are available. Where insufficient volunteers are found so that all booked passengers could fly on the same flight, the carrier may deny for flight even without your consent.
If your boarding is denied without your consent, you are entitled t
- Immediate compensation amounting to EUR 250 for flights up to 1,500 km; EUR 400 for flights from 1,500 km to 3,500 km and flights inside the EU not exceeding 1,500 km; and EUR 600 for flights exceeding 3,500 km.
- Option: either to get back the amount paid for your ticket or its unused part and an amount for the realized parts of your trip, if according to your trip plan the flight has lost its sense, and in certain cases, a flight to your first place of departure; or as fast as possible flight to your final place of destination by different route under similar trip conditions, or a flight by different route under similar conditions at any time convenient to you, if there are seats available.
- Care: considering the waiting time, you should be offered free food and soft drinks; two short phone calls, sending fax messages or e-mail letters; in necessary, hotel accommodation for one or more nights, transportation from the airport to hotel and back to the airport.
If you are offered an alternative flight with foreseen arrival time to the final destination not exceeding 2 hours for flights up to 1,500 km, 3 hours for flights from 1,500 to 3,500 km and flights over 1,500 km inside the EU, and 4 hours for any other flights, the aforementioned compensation amounts may be reduced by 50 %, i.e. to EUR 125, EUR 200 and EUR 300.
These rights shall be suspended if your boarding has been denied on any reasonable grounds, such as your health condition, inadequate trip documents or due to safety or security reasons.
Flight Cancellation
In case your flight is cancelled, you are entitled to the rights listed in ‘Denied Boarding’.
You shall not be subject to any compensation, if your flight cancellation has been made due to unavoidable Force Majeure circumstances even under any possible precautions. Such events as poor weather conditions, political upheavals, strikes, security, dangers, unexpected flight safety deficiencies should be considered the Force Majeure circumstances.
You shall not be subject to any compensation if you have been notified on your flight cancellation:
- in at least 14 days before the fixed time of departure;
- In 14 to 7 days before the fixed time of departure, and your have been offered another flight by different route with departure at least 2 hours before the original fixed time of departure, and with arrival within less than 4 hours after the original fixed time of arrival;
- In less than 7 days before the fixed time of departure, and your have been offered another flight by different route with departure at least 1 hour before the original fixed departure time, and with arrival within less than 2 hours after the original fixed arrival time.
Carrier: AURELA JSC, 32, Rodūnios kelias LT-02187 Vilnius, tel.: +370 5 230 6622,
fax: +370 5 216 4145, E-mail: aurela@aurela.lt
The controlling institution for implementation of EU Directive 261/2004: Civil Aviation Administration of the Republic of Lithuania, 2, Rodūnios kelias LT-02188, Vilnius,
tel.: +370 5 273 9116, fax.: +370 5 273 9237
